Court Claim - CABOT / CAPITAL ONE - 22-11-2015

[Unregistered]

Received a claim? Yes
Issue Date: 22-11-2015
Amount approx: 795.00
Claimant: CABOT
Solicitor: RESTONS
Original Credit: CAPITAL ONE

Particulars of Claim:
credit card debt

Stat Barred? No

Have sent:

Other Info:

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

I am new to the forum so please bear with me. I received a Court Claim from Restons/Cabot Finance for £720.65 for an old credit card debt with Capital One. I filed a defence with the Court because I was 99% sure that it would be statue barred by now, but I had no paperwork to prove this. I received a reply from Restons dated 25th January which just said that the information they have from their client is that payment was last received on the 16th May 2010. They enclosed form N9A for me to complete and return within 14 days.
I have been reading through the forums and I think that my next step is to write a CPR letter to the Solicitors and a CCA request to Cabot Finance. Have I got it right because I am a little confused by it all at the moment.
I am 62 years old and in recepit of ESA and there is no way I can pay this.
I visited a Government debt advice web page and their advice was that if I couldn't pay anything at all to obtain a Debt Relief Order.
The letter I received from Restons was quite rude, in that it said I had not provided them with any evidence to support my claim that it was statue barred. From what I have read it is surely down to them and their clients to prove to me and the Court that I owe the money and its not statute barred. From what I've been reading about Cabot Finance they are not above lying to people.
I would be grateful for any advice.
Thank yu.

[Nibbler]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

From what I have read it is surely down to them and their clients to prove to me and the Court that I owe the money and its not statute barred.

That is correct.

"Where the defendant has pleaded that the claim is time-barred, the burden is on the claimant to prove that the relevant limitation period has not expired".

- - - Updated - - -

Acknowledge the claim saying you are going to defend, then send the CCA to Cabot and CPR to the sols.

I'm sure [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] etc al will be along to help

[Amethyst]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Would you happen to still have the same bank account you had in May 2010 ? It might be worth asking the bank if you can have a copy of your statement from then, so you can see if any payment was made as alleged by Restons. The onus of proof IS on the claimant that it is not statute barred, by the courts are a bit lax in accepting actual proof over a random 'anyone could have typed it' statement.

It is also worth sending a CCA request off. A CPR request won't apply now you have already defended - but they never get answered anyway.

The CCA should go to the claimant ( as they are now the 'creditor')

You should also respond to Restons letter stating that you do not recognise that payment, and require evidence of it, and to know the method by which it was paid and who by, and remind them that the onus of proof is on them.

[Nibbler]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

you have already defended

Missed that. Teach me to skim read too much. :o

[charitynjw]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Did you file a defense with the court, or did you just acknowledge the claim?

If you defended in full within the 28 (+5) days from issue date (22/11/2015), what was the gist of your defense?

[Amethyst]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

I filed a defence with the Court because I was 99% sure that it would be statue barred by now, but I had no paperwork to prove this.

xxxx

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

Thanks for the replies everyone. I feel a little more confident now.
My defence via the Court was that I thought that perhaps the debt was statue barred but was not sure, and wanted proof. They have hardly proven it.
I have had the same bank account for years, so it might be worth checking with them. Will they charge?
I am starting to remember little details of the Capital One Credit card, but its been a long time ago and everything is a little hazy. The credit card limit was £600.
It was in the days when it was normal to send people cheques, which is a method I used in those days. I would send my cheque in the post a week before the due date, first class, and had no problems with this for many years. One day however I received a letter from Capital One claiming that my payment was 1 day late and they would be making extra charges on my account. They wanted double money the next month. I was already struggling with the debt and was falling behind with priority debts such as gas, electricity, and I stopped paying. Since I stopped paying there have been 2 other companies contacting me for payment, (one about every 2 years). They threatened all sorts, door step collectors etc, but eventually went away.
Cabot however are a different matter, and I've read that they specialise in purchasing debts that are close to the statue barred limit for next to nothing.
I received my court letter on Christmas Eve, which can as you understand somewhat damped my Christmas Spirit.
One more question for now, do I have to keep the Court informed of what is happening.
Thanks again for the replies.

[ssnsmudge]

Re: Court Claim - CABOT / CAPITAL ONE - 22-11-2015

These people will not go away, and I am getting very annoyed with them I wrote to them on the 1st February 2016 asking them to prove their claim. Restons wrote back to me on the 10th February acknowledging my letter and saying they would contact me further when they had received the necessary documentation from their clients.
Heard nothing from then again until this week when I received a letter from them again asking for payment but no mention was made of them providing me with any evidence. They claim the current balance outstanding is £720.65 which relates to Capital One - Credit Card facility. The account was opened on or about Friday 31st August 2001. In line with the terms and conditions which governed the account the original creditor had a contractual right of assignment. In other words, the original creditor was entitled to transfer their rights an benefits under the account to a third party and that right was exercised on Monday January 1, 1900 (must be a typo there not that old!) They go on to say they would like me to make an affordable and sustainable arrangement for me.
They are a bunch of leeches that just wont go away. In my view they have not proved their case, and are trying to bluff me with a lot of legal jargon. I claimed that I thought the debt was statue barred and they have failed to supply me with any evidence to disprove this. Any advice?

[ssnsmudge]

Restons Solicitors

These people will not go away, and I am getting very annoyed with them I wrote to them on the 1st February 2016 asking them to prove their claim. Restons wrote back to me on the 10th February acknowledging my letter and saying they would contact me further when they had received the necessary documentation from their clients.
Heard nothing from then again until this week when I received a letter from them again asking for payment but no mention was made of them providing me with any evidence. They claim the current balance outstanding is £720.65 which relates to Capital One - Credit Card facility. The account was opened on or about Friday 31st August 2001. In line with the terms and conditions which governed the account the original creditor had a contractual right of assignment. In other words, the original creditor was entitled to transfer their rights an benefits under the account to a third party and that right was exercised on Monday January 1, 1900 (must be a typo there not that old!) They go on to say they would like me to make an affordable and sustainable arrangement for me.
They are a bunch of leeches that just wont go away. In my view they have not proved their case, and are trying to bluff me with a lot of legal jargon. I claimed that I thought the debt was statue barred and they have failed to supply me with any evidence to disprove this. Any advice?

[charitynjw]

Re: Restons Solicitors

Hi ssnsmudge

I see you've also posted on your other thread http://legalbeagles.info/forums/show...ight=ssnsmudge

[ssnsmudge]

Re: Restons Solicitors

Yes I seem to have posted twice, sorry about that.
I could claim that Restons owed me £720.65, but I imagine I would n't stand a chance in Court without the necessary paperwork to prove my claim. It would seem to me that they have no paperwork at all, and from what I've read on line they will chase statute barred debts regardless. What do I do next. Thanks.

[charitynjw]

Re: Restons Solicitors

To begin with, I'll give [MENTION=49370]Kati[/MENTION] a nudge to see if she can merge the threads. uersmiley:

[Kati]

Re: Restons Solicitors

Yes I seem to have posted twice, sorry about that.
I could claim that Restons owed me £720.65, but I imagine I would n't stand a chance in Court without the necessary paperwork to prove my claim. It would seem to me that they have no paperwork at all, and from what I've read on line they will chase statute barred debts regardless. What do I do next. Thanks.

To begin with, I'll give @Kati a nudge to see if she can merge the threads. uersmiley:

sorted :yo: xx

[charitynjw]

Re: Restons Solicitors

sorted :yo: xx

Ta very much, Kati! :rockon: